STATE OF MAHARASHTRA Vs. BHARAT ANANT SHINDE

JUDGEMENT

(1.) This appeal is preferred by the State of Maharashtra against Judgment dated 12th Feb. 1999 passed by the learned Judicial Magistrate First Class, Dahiwadi in Regular Criminal Case No. 130 of 1996, thereby acquitting the Respondent of the offences punishable under Sec. 2(ia) (h) 2(ia) (m), Rule 47 read with Sec. 7(1) punishable under section 16 of the Prevention of Food Adulteration Act, 1954.

(2.) The case of the prosecution in brief is that Mr B.K. Karyappa, the complainant who is Food Inspector on 2nd Feb. 1996 along with panch witness inspected the shop of accused and purchased ice-candy as a sample for analysing it, after issuing notice to accused in Form No. 6 and under Sec. 14 of the Act and after melting them filled the liquid in three separates bottles out of which one sample was sent to Public Health Laboratory, Pune along with Form No. 7 on the following day, while remaining two samples along with Form No. 7 were sent to Local Health Laboratory, Satara. The report of Public analyst stated that the food article i.e. ice candies were not conforming to the standards under the Prevention of the Food Adulteration Act, 1954 as were adulterated. The report of Public analyst was sent to Respondent.

(3.) On the basis of report of Public Analyst investigation was carried out and all the necessary documents were collected from the shop of Respondent and were forwarded to the competent authority for according sanction to prosecute the Respondent. On receipt of sanction the complaint came to be lodged and notice under Sec. 13(2) of the Prevention of Food and Drug Administration Act came to be issued to the Respondent.